Article 32 The Trademark Office shall notify the trademark registration applicant in writing for a trademark that rejects the application and refuses to be announced. If the trademark registration applicant is dissatisfied, he may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board will make a decision and notify the applicant in writing.
If the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice.
Interpretation This article is about the procedures for rejecting an application for not publishing a trademark.
Article 28 of this Law stipulates that any trademark applied for registration does not comply with the relevant provisions of this Law or is identical or similar to a trademark that has been registered or preliminarily approved by others on the same or similar goods. , the Trademark Office will reject the application and will not publish it. This article also provides specific procedures for this. First, for trademarks that reject applications and refuse to be announced, the Trademark Office should notify the trademark registration applicant in writing. That is to say, for a trademark registration application that does not meet the registration conditions, the Trademark Office should issue a "Notice of Rejection" to the trademark registration applicant, and the notice cannot be given verbally. Second, if a trademark registration applicant is dissatisfied with the Trademark Office’s decision to reject the application, he or she may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. Because according to the provisions of this law, the Trademark Review and Adjudication Board is responsible for handling trademark disputes. Therefore, this article stipulates that a trademark registration applicant may apply to the Trademark Review and Adjudication Board for review. After the Trademark Review and Adjudication Board conducts a reexamination, the applicant shall be notified of the reexamination decision in writing, but not orally. Third, if the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice. This content was added in this revision of the Trademark Law. The provisions of the original Trademark Law are: If you are dissatisfied with the Trademark Office's decision to reject the application and not publish it, you can apply for review within fifteen days of receiving the notice. The Trademark Review and Adjudication Board will make the final decision and notify the applicant in writing. This revision adds provisions on the litigant's rights of action. One is to provide judicial relief to the parties in order to better protect the rights and interests of the parties; on the other hand, it is to be consistent with the provisions of the World Trade Organization’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). The party filed a lawsuit in court, and the defendant was the Trademark Review and Adjudication Board.